Terms & Conditions

These terms and conditions together with our Privacy Policy apply to the entire contents of bebebrands.com and to any correspondence between the Company and you. We ask that you please read these terms and conditions carefully before accessing or using any part of the Website. Use of bebebrands.com indicates that you accept these terms and condition in full and you agree that all agreements, notices, disclosures, and other communications that Bebe Brands provides to you electronically satisfy any legal requirement that such communications be in writing. If you have any questions relating to these terms and conditions, please contact us using the ‘Contact Us’ form on the website or by emailing contactus@bebebrands.com. If you do not accept these terms and condition, please do not use the Website.

These terms and conditions are issued by Bebe Brands Ltd.

Definitions

1.1 The following words and expressions have the following meanings unless inconsistent with the context:

1.1.1 ‘Authorised Retailer’ – a company or firm who is authorised to sell products on behalf of the Company

1.1.2 ‘Buyer’, ‘you’ – an individual, company or firm using the Website

1.1.3 ‘Commercial Gain’ – includes, without limitation to, using this Website as part of advertising which may result in revenue generation or personal gain, selling goods to a third party and copying, reproducing, distributing, publishing, transferring, licensing, selling, commercially exploiting or duplicating any element of the Website whatsoever

1.1.4 ‘Company’, ‘we’, ‘us’ – Bebe Brands Ltd, a Company registered in England and Wales with Company number 10842236, whose registered office is at 142 Cromwell Road, London SW7 4EF and who can be contacted via the ‘Contact us’ form found at bebebrands.com/contact-us

1.1.5 ‘Social Media’ – including though not limited to Facebook, Instagram, Pinterest, Twitter

1.1.6 ‘User Content’ – including though not limited to photos, videos, emails and comments rightfully owned by you

1.1.7 ‘Website’ – com

Introduction

2.1 You may access most areas of this Website without being a user registered with Bebe Brands. Certain areas of the Website are only accessible by registered users.

2.2 By accessing any part of the Website, you shall be deemed to have accepted these terms and condition in full. If you do not accept these terms and condition in full, you must leave the Website immediately.

2.3 The Company may revise these terms and conditions at any time by updating this page. You should regularly check the Site to review the then current terms and conditions as they are binding on you. Certain clauses of these terms and conditions may be superseded by expressly designated terms and conditions located on certain pages of the Website.

License

3.1 Subject to clause 3.5, you are permitted to print and download extracts from this site for your own personal use on the following basis:

3.1.1 No documents or related graphics on the Website are modified in any way;

3.1.2 No graphics on this Website are used separately from accompanying text; and

3.1.3 The Company’s copyright, trade mark notices and this permission notice appears in all copies.

3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of these terms and conditions, any use of extracts from the Website other than in accordance with clause 3.1 above for any purpose is prohibited. If you breach any obligation as outlined by these terms and conditions, your permission to use the Website will automatically terminate and you must immediately destroy any downloaded or printed extracts from the Website.

3.3 Subject to condition 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

3.4 Any rights not expressly granted in these terms and conditions are reserved.

3.5 You must not visit or use the Website for the purposes of Commercial Gain.

Service Access

4.1 Whilst the Company endeavours to ensure that the Website is normally available 24-hours a day, the Company shall not be liable if for any reason the Website is unavailable at time for any period.

4.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of the Company.

Visitors Material and Conduct

5.1 Other than personally identifiable information, which is covered under our privacy policy, any material or articles you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2 You are prohibited from posting or transmitting to or from the Website any material:

5.2.1 That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

5.2.2 for which you have not obtained all necessary licenses and/or approvals; or

5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United Kingdom or any other country in the world; or

5.3 You agree to indemnify the Company against any loss or damage suffered as a result of your contribution.

5.4 You may not misuse the Website (including, without limitation, by hacking).

5.5 Third parties may license information on the Website to the Company. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the Company’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in the Company’s sole discretion an unreasonable or disproportionately large load on the Company’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for information) from the Website without the prior written permission of the Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass the Company’s robot exclusion headers or other measures the Company may use to prevent or restrict access to the Website. The Company does not authorise you to extract or re-utilise substantial parts of the Website, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of the Website.

5.6 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clauses 5.2, 5.4 or 5.5.

Links to and from other Websites

6.1 Any links to third party websites on the Website are provided solely for your convenience. If you use any links, you leave the Website. The Company may not have reviewed any such third-party websites and will not control or be responsible for such websites or their content or availability. The Company therefore does not endorse or make any representations about any links provided to third-party websites or any material found there, or any results that may be obtained using them. If you decide to access any of the third-party websites which may be linked to the Website, you do so entirely at your own risk.

6.2 You must seek and obtain the written consent of the Company before creating any link to the Website. Unless expressly agreed, all authorised links to the Website must be to the home page of the Website and make it clear that the Website and its contents are distinct from the website containing the link.

Information contained on the Website

7.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website (for example, though without limitation to, any product specifications) provided and any other material described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties and conditions and other terms (including though not limited to the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable car and skill) which but for these terms and conditions might have effect in relation to the Website.

7.3 You should confirm any material provided on the Website, including product specifications, with your chosen Authorised Retailer before purchasing any product from them. For the avoidance of doubt, any contract you enter into for the purchase of products will be with your chosen Authorised Retailer and not with the Company and the Company will not be responsible for any representations made by such Authorised Retailer.

7.4 At the time of publication, all product descriptions are accurate. All dimensions and weights are approximate. Colour representation is as accurate as possible and may vary depending on your chosen device. Designs illustrated on the Website are protected by copyright. The reproduction of these designs in any form without the written consent of the copyright holders is prohibited. No part of this Website may be reproduced without the permission of the publisher.

7.5 Whilst we believe the information contained within our product specifications to be correct and reliable, we are not responsible for its accuracy and we shall not be liable for its interpretations and use. We reserve the right, at our sole discretion, to change, modify, add, or delete product specifications at any time without further notice.

7.6 All content and materials made available by the Company on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorised by the Company in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, public, adapt, edit or create derivative works from any such content or materials.

7.7 Reproducing, copying or distributing any content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written consent of the Company. Use of the content or materials for any purpose not expressly permitted in these terms and conditions is prohibited.

User Content

8.1 By sharing content, comments or phots with the Company via Social Media, the ‘Contact Us’ form on the Website or emails directed to the Company, you are agreeing that:

8.1.1 You give permission to the Company, a license to display, perform, distribute and otherwise use your User Content in connection with the Website, the Company’s Social Media presence and all other marketing purposes including though not limited to print materials, emails, customer and consumer communications, store materials and other marketing.

8.1.2 The Company may display advertisements in connection with your User Content or on pages where you or other may view your User Content, and the Company may use your User Content to advertise and promote its interests. The license for the Company to use the User Content is non-exclusive, meaning you may use the User Content for own purposes or let other use User Content for their purposes.

8.1.3 The license for the Company to use User Content is fully paid and royalty free, meaning the Company do not owe you anything in connection with its use of User Content. The Company may exercise its rights anywhere in the world. The license for the company is in perpetuity.

8.1.4 You own all rights to User Content or, alternatively, you have the right to give the Company the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of User Content; and User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.

8.1.5 you are responsible for maintaining the security of User Content and the Website, for all activities that occur or actions taken under User Content or in connection with the Website.

Liability

9. 1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website) and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including though not limited to any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including though not limited to negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

9. 2 Nothing in these terms and conditions shall exclude or limit the Company’s liability for:

9.2.1 Death or personal injury caused by the Company’s negligence; or

9.2.2 Fraudulent misrepresentation; or

9.2.3 Any liability which cannot be excluded or limited under applicable law, including though not limited to all relevant consumer law.

9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Severance

10.1 If any clause of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other clauses in these terms and conditions shall remain in full force and effect.

Governing Law and Jurisdiction

11.1 These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the laws of England and Wales.

11.2 The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle and dispute or claim that arises out of or in connection with these terms and conditions. Notwithstanding this, the Company shall be entitled to commence any proceedings in any court or jurisdiction it may consider appropriate.

11.3 Use of the Website is not authorised in any jurisdiction that does not give effect to these terms and conditions in full.

Online Purchases and Contract Formation

12.1 When you complete an online order for a product purchase, the Company will initially send you an email that confirms the order details you have submitted. This email does not constitute the formation of a contract, but is the Company’s acknowledgement of your offer of purchase of product(s), the details and prices of which are detailed in the email. Upon dispatch of the product(s) you have ordered, the Company will send a dispatch confirmation email that constitutes acceptance of your order and the completion of a contract between you and the Company for the purchase of the product(s) at the price and specification as detailed in this email. If your order is not accepted, you will be contacted by email or telephone before any products are dispatched and therefore no contact is formed.

12.2 Any discount codes are applicable at the time of order only. You can only make use of one discount code per order.

12.3 All payment details are securely processed by Braintree or PayPal. The Company does not store any payment information used when placing an order on the Website.

Contract Cancellation

13.1 You are entitled to cancel your order or contract with us provided that you do so within 14 days of placing the initial order with us. If no goods have been dispatched, then a full refund will be provided within 7 working days including any shipping charges paid. If a contract has been formed and your order dispatched, then the process will be followed as laid out in our Delivery and Returns Policy (clause 14).

13.2 The Company reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies, or omissions in any stated offer price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.

Delivery and Returns Policy

14.1 The Company’s delivery charges are outlined in your Sales Contract. You will receive a dispatch confirmation email once your order has been dispatched.

14.2 You are entitled to return your order within 14 days of receipt provided that its is new, unused, in its original packaging and suitable for resale. You must ensure that you inspect your order in full when you receive it to make sure it is as expected. From the date you notify the Company of your intention to return your order, you have 14 days to ensure its safe return to an address specified by the Company. For a change of mind return, any shipping charges will be at your own expense. If your order has been used, then the Company is not obliged to accept its return. However, subject to the Company’s sole discretion, a return for a partial refund may be accepted on the grounds of diminished value.

14.3 If you receive your order and it is damaged or faulty, the Company will at its sole discretion either refund or exchange damaged parts or products as necessary.

Product Warranties

15.1 Product warranties apply to the product only and do not cover any consequential losses including though not limited to time and other damage. They apply to material and manufacturing defects only under normal domestic use. Product warranties do not cover faults caused by factors outside the manufacturers control, including though not limited to failure to follow the user guide and maintenance instructions, normal wear and tear, accidental or wilful misuse, inappropriate storage or cleaning methods, modification, alternation and transformation of the product.

15.2 The Company will, at its sole discretion, either repair or replace free of charge any item that develops a manufacturing fault within the warranty period provided that it was purchased either directly from the Company or from one of its Authorised Retailers.

15.3 Before the Company undertakes any repair or replacement, you must provide proof of purchase from the Company or one of its Authorised Retailers in the form of an original receipt. The acceptance of any other form of proof of purchase will be at the sole discretion of the Company.

15.4 There will be no collection or delivery charge associated with the repair or replacing of a manufacturing fault. The Company will decide at its sole discretion the method of collection/return.

15.5 If you make a claim under warranty and it be determined that the apparent defect is not due to either faulty materials or a manufacturing defect, then the Company reserves the right to charge you a fee to cover the engineers time, shipping costs associated with collection and return, and any repair undertaken or replacement part(s) supplied. This fee will be reasonably determined at the sole discretion of the Company.

15.6 Product warranties are available to the original purchaser only and do not transfer when a product is sold by an unauthorised third party.

Indemnification

16.1 You agree to indemnify and hold the Company, its affiliates and respective officers, directors, employees and agent (referred to as ”Indemnified Parties”) from and against any and all claims, damages, losses, costs (including though not limited to reasonable solicitors’ fees and regardless of legal or administrative) or other expenses that arise directly or indirectly out of or from either your breach of this agreement and/or your activities in connection with the Website. The terms of this section shall survive any termination.

Termination

17.1 These terms and conditions are effective until terminated by either party. They and your access to the Website will terminate without notice from the Company in its sole discretion, effective immediately. The sole remedy for dissatisfaction with the Website and/or information contained on the Website is to stop using the Website.

These terms and conditions do not affect your statutory rights.

The Website is operated by Bebe Brands Ltd, a company registered in England and Wales whose Company No. is 1084236 and whose registered address is at 142 Cromwell Road, London, United Kingdom SW7 4EF.